Advantages & Disadvantages of Hansard

Question 1

Adv; Availability

Answer 1

• Available for everyone to consult. Gives the entire debate of P’ment on the statute in question.
• Not only ministers statements to be found, but also discussion and questions that led to the statement.
• Makes words in the statute much clearer.

Question 2

Adv; Helpfulness

Answer 2

• In some statutes/cases, very helpful.
• AE Beckett & Sons Ltd - where meaning of S21 Electricity Act 1989 was an issue.
• Lord Phillips in judgment said with reference to Hansard had ‘immediately made clear what had been previously been obscure.’

Question 3

DisAdv; Not Always Helpful

Answer 3

• Particular words at issue may not have been mentioned in the debate.
• Alternatively, what has said may not make the words any clearer.

Question 4

DisAdv; Former Language Hard to Understand

Answer 4

• R v Duggan, concerned with language of ‘folding pocket knife’.
• Court found Hansard statements made by minister were not clear and refused to take them into account.

Question 5

DisAdv; Additional Cost

Answer 5

• Lawyers costs a lot of money by them reading through all the relevant debates in order to avoid being sued for negligence by their clients.
• With the Purposive Approach, courts have become more prepared to look at the Law Commission Reports - been used in 404 cases in UK and 3 times in common law jurisdictions globally.